As soon as the management dodges to dismiss the unwanted employee. Often, upon dismissal, neither work experience nor professional qualities of the employee are taken into account. How can you protect yourself from biased orders from your superiors to collect compensation from an organization or an employer for damage caused?
Instructions
Step 1
If the employer requires you to file a letter of resignation of your own free will, and if you refuse, threatens to fire you on a compromising article, do not fall for this provocation. Even if your boss fires you for absenteeism or other violations, go to court. Attach materials showing that you were unlawfully fired with your employer misconduct statement. These can be audio recordings of your conversations with your boss, testimonies of colleagues, expert opinions on your full compliance with the official position.
Step 2
If you could not resist the arguments of your superiors and wrote a letter of resignation of your own free will, then all is not lost. Submit an application to the court immediately, indicate that the employer forced you to do this, provide evidence. Such facts are necessarily subject to judicial review. Remember that you can withdraw your application from Human Resources within two weeks of the date it was submitted.
Step 3
If your employer invites you to take unpaid leave, don't agree. If you may be fired, you will no longer be entitled to severance pay and vacation compensation. If your boss is adamant in his decision to suspend you from work, collect evidence that the statement was made under pressure from management. Go to your local court to claim compensation from your employer.
Step 4
If the management recommends you, due to the difficult financial situation of the organization, to resign by agreement of the parties, do not follow the employer's lead, even if he promises mountains of gold or threatens to fire you under a “bad” article of the Labor Code. Before signing such an agreement, carefully study the agreement, soberly assess your professional capabilities in view of the upcoming job search. If the organization owes you more than severance pay and compensation for unused vacation, insist that all your material claims are specified in the agreement.
Step 5
When the employer invites you to complete a difficult task within a time frame for which it is unrealistic to carry it out, threatening, if you fail to fulfill it, with dismissal for inconsistency with your official position, do not give in to threats. You will still be fired either under this article, or under the article "failure to perform labor duties." Feel free to get down to work, ask the manager in writing to clarify the important parameters of the assignment, contact other departments of the organization for information. Please send inquiries to other departments marked "urgent" and also in writing. Submit a detailed daily report on work in two copies to the management, the second copy must be endorsed by the employer. If he refuses to sign your reports, send them by registered mail. If you do not have time to complete the work on time, then you will have a lot of evidence that it could not be completed due to objective reasons. In the case of unscrupulous management, you can easily win the case of your illegal dismissal by presenting this evidence to the court.
